(HC)Aguilar v. Cates ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 OSCAR A. AGUILAR, 1:21-cv-001584 HBK (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE 13 v. CENTRAL DISTRICT OF CALIFORNIA 14 BRIAN CATES, (Doc. No. 1) 15 Respondent. 16 17 Petitioner is proceeding on his petition for writ of habeas corpus filed pursuant to 28 U.S.C. 18 § 2254. (Doc. No. 1). Petitioner is a state prisoner incarcerated in Kern County, which is located 19 within the jurisdiction and venue of this court’s Fresno Division. Petitioner challenges his 20 November 10, 2011 state sentence and conviction entered by the Superior Court of California, 21 County of San Bernardino, which is located within the jurisdiction and venue of the Western 22 23 Division of the United States District Court for the Central District of California. 24 Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the petitioner 25 was convicted or where the petitioner is incarcerated. Therefore, both the Central District of 26 California and the Eastern District of California have concurrent jurisdiction. See 28 U.S.C. § 27 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, “[f]or the convenience of parties 28 1 | and witnesses, in the interest of justice, a district court may transfer any civil action to any other 2 district or division where it might have been brought.” 28 U.S.C. § 1404(a). Federal courts in ; California generally hear petitions for writ of habeas corpus in the district of conviction. Favor v. California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 2671006, at *1 (E.D. Cal. June 21, 2017) 6 (citing Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). 7 Thus, the Court finds in its discretion “and in furtherance of Justice” the petition should be 8 || transferred to the Central District of California. 28 U.S.C. $§ 1404(a), 2241(d). 9 Accordingly, it is ORDERED: 10 1. The Clerk shall transfer this action to the United States District Court for the Central District of California, Western Division; and 2. All future filings shall reference the new case number assigned and shall be filed at: United States District Court 14 Central District of California Western Division 15 255 East Temple Street 16 Los Angeles, CA 90012-3332 'T | Dated: _ November 4, 2021 Wihaw. Th. PoareA fackt 18 HELENA M. BARCH-KUCHTA 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28